(1) Prior to the formation of the commission, the adoption of the federal legislation contemplated in the intergovernmental agreement, and actual EPA delegation of federal "Clean Air Act" programs:
The state, through the Colorado air quality control commission and the division, shallexercise civil and criminal enforcement jurisdiction over non-Indians on fee lands within reservation boundaries for violations of applicable air quality permits, laws, and regulations.
Appeals of state air enforcement action and other air quality-related decisions may bebrought in state court consistent with state law and regulation.
The tribe shall exercise jurisdiction over Indians, on all lands within the boundariesof the reservation, and over non-Indians on trust land, for violations of applicable tribal air quality regulations.
Nothing in this part 13 is intended to restrict, diminish, or define the jurisdiction ofthe EPA.
(2) Following the adoption of the federal legislation and the EPA delegation of federal "Clean Air Act" programs:
The tribe shall exercise civil enforcement jurisdiction over all persons and air pollution sources on all lands within reservation boundaries for violations of the reservation air program, subject to administrative review by the commission; and
Consistent with the federal legislation provided in the intergovernmental agreement,the general assembly intends that final decisions of the commission shall be subject to review in federal district court in accordance with the provisions of the federal "Administrative Procedure Act".
(3) Following the formation of the commission and the adoption of the federal legislation provided in the intergovernmental agreement, it is the intent of the general assembly that the EPA will exercise criminal enforcement jurisdiction over any persons on all lands within reservation boundaries for criminal violations of the reservation air program.
Source: L. 2000: Entire part added, p. 112, § 1, effective March 15.
Cross references: For the federal "Administrative Procedure Act", see 5 U.S.C. §§ 551559, 701-706, 1305, 3105, 3344, 4301, 5335, 5362, and 7521; for the federal "Clean Air Act", see 42 U.S.C. § 1857 et seq.